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- 저자 : Lyou, Kyoung (검색결과 516 건)
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Review and Assess the Political Party Dissolution Case in Korea
( Lyou Byung-woon ) 홍익대학교 법학연구소 2014 동북아법 Vol.8 No.-
On December 19, 2014, the Constitutional Court of the Republic of Korea decided that the Unified Progressive Party (UPP), should be dissolved and that the members of the National Assembly belonged to the party should lose their seats. The judgment, the first-ever dissolution decision, was overwhelmingly decided by eight to one majority vote. The decision, which is derived from thorough balancing between the freedom of a political party and the threats provoked by the party on out free democratic community could be evaluated as an important touchstone about the freedom of a political part and the limit. The only one dissent judge suggested too strict requirements to dissolve a political party. Concerning political party dissolution system, based on historical or empirical practices and disciplines, we need to balance the necessity of the system and strict application of the requirements for the system. According to Kim, the dissent judge, who asked to prove the existence of substantial and serious threat against free democratic order, the `militant democracy` is not an operative mechanism. One of empirical disciplines concerning political party dissolution is: “A political party could be considered as unconstitutional if there is a chance in the future that the party is going to realize its antidemocratic and anti-systematic goals rather than if there would be actual danger.” Judge Kim denied attribution of the activities of party members, such as Lee Seokgi and the followers to the party. Nowadays, however, representative system is working within a political party. The objectives or the activities of a party could largely be shaped by the accelerated expressed behaviors of those representatives, members of executive branch, leading influence, or members of the party. So, the activities of party members could be attributable to the party unless the party denies attribution. There is a question that the Constitutional Court has a power to forfeit seats of the National Assembly members of the party dissolved by the Constitutional Court`s decision in the absence of any statute. As the Constitutional Court explained, forfeiture of seats of the UPP National Assembly members is necessary to enforce the Constitutional Court`s decision to dissolve. However, the issue whether seats of the National Assembly members belonged to the respondent party shall be forfeited in case of the dissolution ordered by the Constitutional Court, should be provided by at least a statute enacted by the National Assembly. In fact, no court or institute can dispute the effectiveness of a decision, particularly legislative decision, given by the Constitutional Court, a highest authority. It is common sense that even left parties cannot ignore threats to the national security. Also, left parties of developed and democratic countries are generally promoting human rights and opposed to develop weapons of mass destruction including nuclear weapons. Whereas the UPP was overlooking human rights violations of North Korean regime. Moreover, the UPP defended North Korea`s developing nuclear weapons as for self-defense against not the South but the United States. Thus, the UPP, which was not a common left party but an absurd and irrational political organization did not hide its intention to support North Korean regime. Certain languages like `progressive democracy` in the platform of the UPP are unique and irrational do not comply with the Constitution. The language of `the hidden genuine objectives` used by the Constitutional Court is not necessary because certain language like `progressive democracy` in the platform of the UPP could not be shaped only by the dictionary meanings or general conceptions but also by the expressed behaviors of the UPP or its members.
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( Lyou Byung-woon ) 홍익대학교 법학연구소 2023 동북아법 Vol.15 No.-
In the face of Lone Star's claim for damages against Korea in ICSID arbitration, some experts expected damages of up to 3 trillion KRW, but the Arbitral Tribunal ordered Korea to pay 289 billion KRW in damages to Lone Star Fund in connection with the prolonged sale of KEB. The amount the Korean government has to pay is only about 5% of what Lone Star claimed. The Tribunal considered that Lone Star's criminal conviction in relation to the KEB card stock price manipulation case could be seen as so-called cheat and run. Lone Star Fund v. the Korea case put to rest the concerns of some Koreans who doubted the fairness of ICSID arbitration. Anti-American Koreans objected to the United States-Korea Free Trade Agreement (KORUS), which contains provisions designedto protect foreign investors who may initiate arbitration against Korean or the United States government under the UNCITRAL Arbitration Rules or the ICSID Convention. The anti-American Koreans argued that Korea renounce its judicial sovereignty by the ICSID arbitration jurisdiction clause of KORUS for investor-state disputes (ISD). Contrary to what they claim, the ICSID arbitral tribunal in this case was fairly impartial and was not influenced by the United States. The Korean government should take this case as an opportunity to thoroughly reflect on its mistake of hastily selling Korea Exchange Bank to Lone Star, a kind of vulture fund, at a bargain price.
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Transfer Alignment Error Compensator Design Based on Robust State Estimation
LYOU, Joon,LIM, You-Chol THE JAPAN SOCIETY FOR AERONAUTICAL AND SPACE SCIEN 2005 Transactions of the Japan Society for Aeronautical Vol.48 No.161
<P>This paper examines the transfer alignment problem of the StrapDown Inertial Navigation System (SDINS), which is subject to the ship’s roll and pitch. Major error sources for velocity and attitude matching are lever arm effect, measurement time delay and ship-body flexure. To reduce these alignment errors, an error compensation method based on state augmentation and robust state estimation is devised. A linearized error model for the velocity and attitude matching transfer alignment system is derived first by linearizing the nonlinear measurement equation with respect to its time delay and dominant <I>Y</I>-axis flexure, and by augmenting the delay state and flexure state into conventional linear state equations. Then an <I>H</I><SUB>∞</SUB> filter is introduced to account for modeling uncertainties of time delay and the ship-body flexure. The simulation results show that this method considerably decreases azimuth alignment errors considerably.</P>
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Policy of Korean Government for Virtual Currency and Block Chains: from Absurd to Chaos
( Lyou Byung Woon ) 홍익대학교 법학연구소 2017 동북아법 Vol.11 No.-
Virtual currency is one of the seriously controversial issues in Korea. Until now Korean government does not clarify the direction for virtual currency policy. So, this article tries to explore a proper way of Korean government for virtual currency. Upon the absence of any legal framework, at first, Korea should legally define what virtual currency is. It is necessary to distinguish virtual currency with blockchain technology which serves a platform for virtual currency. Second, based on the legal definition, the Korean government will try to find out real risks and anticipated potential risks of virtual currency transactions and the related financial services. This article recommends the government an objective and scientific risk assessment process for the better recognition. Particularly, the government should disregard certain abstract concepts describing virtual currencies. Third, the Korean government will design a system and instrument to eliminate, to avoid, to reduce, or to control the risks, particularly the serious ones. Above all things, the government should prevent virtual currency from funding criminal activities and from using for fraudulent scheme and money laundering. Young Koreans who are dreaming of getting rich overnight through virtual currency should be saved from their addictive speculation. Such a dream is likely to turn into a nightmare soon. Also, international cooperation is required to adopt minimum standards for virtual currency transactions and to make those standards enforceable. If the Korean government would assure that it could eliminate or control the risks of virtual currency transactions and related services, it could legitimize the transactions step-by-step.
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A Review on the President Impeachment of Korea
( Lyou Byung-woon ) 홍익대학교 법학연구소 2016 동북아법 Vol.10 No.-
On Dec 9, 2016, the National Assembly of Korea passed the impeachment resolution of President Park Geun-hye. The main alleged corruption and illegality related with Park`s old secretive confidant Choi Soon-sil. Particularly, President Park abused her power for the private purpose, which is not matched with the principle of republic. President Park seemed not to understand the meaning of `res publica` namely commonwealth or public property. The Constitutional Court should have approved the impeachment resolution of President Roh Moo-Hyun in 2004. In 2016 President Park Geun-hye impeachment case, although unlikely, the Court needs to discard “gravity” violation requirement. According to the Article 65 (1) of the Constitution of Korea, violation against the Constitution or other Acts is the cause of impeachment. It means any violation could be a valid ground for impeachment. In the 2004 Presidential Impeachment case, however, the Constitutional Court added arbitrarily “gravity” violation requirement. Such decision is not matched with legal interpretation principle: statute should basically be interpreted in accordance with the terms of the statute. Moreover, it is not proper decision that certain violation against the Constitution, the basic order of a State, could not be serious enough to be impeached. Based on such an affirmative interpretation, the Constitutional Court might try to expand its power to reduce that of the National Assembly. The Article 1 (2) of the Korean Constitution provides that all state power emanates from the national. The member of the National Assembly elected by direct vote of the people whereas the judge of the Constitutional Court is appointed by the President. So, compared to the National Assembly, the power of the Constitutional Court is more derivative. There is another reason that the Constitutional Court should not consider “gravity” of violation. According to the Article 65 (3), if a motion for impeachment passed, the president should be suspended from exercising his/her power until the impeachment is adjudicated at the Constitutional Court. During the suspension, the Prime Minister will serve as the acting president. The period could be described as vacancy of leadership. Moreover, the acting president and Prime Minister, the main assistant of the President, could not be free from partial responsibility of the violation to be impeached. So, the shorter period of leadership vacancy is the better for national interest.
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The Pursuit of “The Declaration of a Formal End of the Korean War” : A Disguised Peace Show
( Lyou Byung-woon ) 홍익대학교 법학연구소 2022 동북아법 Vol.14 No.-
The language of “Declaration of a Formal End of the Korean War” seems very peaceful. However, Moon Jae-in's argument for an end to the Korean War declaration has the potential to nullify the peacekeeping function of the 1953 Armistice Agreement as a treaty. The “No Unconstitutional Strike Against North Korea Act of 2020” in the United States that was being pursued along with that an end to the Korean War declaration was an attempt to bind the United States hands so that it would be difficult to effectively respond to the North Korean nuclear issue. In addition, the declaration of an end to the war will lead to the dissolution of the UNC and the withdrawal of the US from Korea. By consistently pursuing unification and foreign policy that meets North Korea's preferences, Moon Jae-in is not solving the North Korean nuclear problem, but rather is only giving Kim Jong-un time to enhance North Korea's nuclear capabilities.
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